Havre Job Service Employers'
Committee Employer Resource Guide
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Havre Job Service Employers'
Committee Employer Resource Guide
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Suspect QuestionsThe following questions are often asked during interviews. Although many of the questions may appear to be job-related, they all could provide information that could be used in discriminatory manner. The potential problems with these questions are described following each question.
LAWFUL
& UNLAWFUL INTERVIEW QUESTIONS
This list is not exhaustive, it is
meant to be a guide for formulating lawful pre-employment inquiries. Age
Unlawful: How
old are you? What
is your date of birth? May
I see your birth certificate or baptismal record?
Lawful: Are
you 18 years of age or older? Are
you between the ages of 18 and 70 years? AIDS
Unlawful: Will you take
an HIV test as a condition of employment? Have
you ever been tested for HIV? What was the result? Lawful: If being HIV
free is a bona fide occupational qualification, the least intrusive question
possible may be asked. Arrest/Conviction
Record
Unlawful: Have
you ever been arrested? Lawful: If there is a
direct relationship between the offense and the job or if hiring a person who
has been convicted of a specific crime would be an unreasonable risk the
employer may ask: Have
you ever been convicted of a crime? If
so, when, where and what was the nature of the crime? Are
there any felony charges pending against you? Marital
Status
Unlawful: Do you wish to be addressed as Ms., Mrs. or Miss? Are
you married, separated, divorced, widowed or single? Have
you ever been married? Have
you ever been divorced?
What
is your spouse’s name? Where
is your spouse employed? What
is your spouse’s income? Do
you have children? How
old are your children? With
whom do you reside?
Lawful:
Do you have any commitments that might hinder your attendance at work?
Can you work the day (or night) shift? Sex
Unlawful: Male
or female? Are
you pregnant? Are
you planning on having children or more children? Do
you use birth control? Any
inquiry made of only males or females.
Lawful: If there is a
bona fide occupational qualification, an employer may ask male or female; for
example, an opening for an attendant in a male-only locker room. Sexual
Orientation
Unlawful: What
is your sexual or affectional preference? Are you homosexual, transsexual, lesbian or bisexual? Are you gay? Lawful: None.
Medical
Condition/Disability
Unlawful: Do
you have any disabilities? How
severe is your disability? What
is the nature of your disability? Have
you collected workers’ compensation for a previous illness or injury? How
is your health? Do
you have any preexisting illnesses? Have
you ever had a mental or emotional breakdown? Have
you ever been hospitalized for a mental or emotional condition? How
many days were you absent because of illness last year? Are
you an alcoholic? Lawful: Can
you perform the essential functions of the position you are applying for, with
or without reasonable accommodation? Use of Lawful Products
Unlawful: Do
you smoke? Do
you use tobacco products? Do you drink? Lawful: A
statement as to [Organization Name's) workplace smoking and drinking policies. Race Unlawful: What
is your race? Black,
Caucasian, Native American, Oriental? What
race are your parents? Children? Spouse? With
which racial group are you most closely aligned? Do
you have sickle cell trait? How
tall are you? What
color is your hair? Eyes? Skin? Lawful: None.
Race or color is never a bona fide occupational qualification. Religion
Unlawful: What
religion are you? Do
you go to church? For
what religious holidays will you be unavailable to work? May
I see your birth certificate or baptismal certificate? Is
there a clergy person who would recommend your being hired? Does
your religion prevent you from working weekends or holidays? Who
is your pastor? Lawful: None. The
interviewer may state what the employer’s work schedule is and, if the
applicant has a concern or conflict. He or she may, but need not, comment on his
or her availability. Personal Appearance Unlawful: How
tall are you? How
much do you weigh? Do
you have a current photograph? What
color are your eyes? Hair? Do you have any scars? Do you have a tattoo?
Lawful: After
being offered a job, can you provide me with a current photograph? National
Origin/Ancestry
Unlawful: Where
were you born? May
I see your birth certificate or baptismal certificate? Where
were your parents (grandparents) born? What
is your first language? How
did you learn to read, write or speak (foreign language)? What
language do you speak at home? What
nationality are you? Your spouse? Your parents? Lawful: None.
Military Service
Unlawful: Have
you served in the military? What
type of military discharge did you receive? Have
you ever served in the military of a foreign country? Are
you in the reserves? Do you have any military obligations? Were
you ever disciplined while in the service? Lawful: Have you
served in the United States Armed Forces (when service in the United States
Armed Forces is a qualification for the job). Citizenship
Unlawful: Are
you a naturalized or native-born citizen? When
did you become a citizen? Are
you parents’ citizens? May
I see your naturalization papers? Do
you intend to become an American citizen? When?
Lawful:
After hiring you can ask:
Are you a United States citizen? Are
you legally permitted to work in the United States? Financial Information Unlawful: Have
you ever declared bankruptcy? Has
your pay ever been garnished? Are
you obligated to pay child support? Are
you receiving public assistance? Do
you rent or own your home? Do
you own a car?
Lawful:
None. These questions tend to discriminate against individuals with lower
incomes.
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